MUMBAI: Observing that police inaction and failure to adopt the remedies available under the law are clear from the records in the murder case of former minister Baba Siddiqui, a special MCOCA court Friday directed the crime branch to “scrupulously follow the law” to secure the presence of the absconding accused, including Anmol Bishnoi.Bishnoi, alleged to be the main accused at whose behest Siddiqui was shot dead in Oct 2024, is lodged in Delhi’s Tihar Jail following his deportation from the US last Nov, reports Rebecca Samervel.Calling it unfortunate that the court has to issue directions to ensure compliance with procedure, special judge Satyanaran R Navander said: “Securing the custody of an accused, conducting investigation, interrogating the accused and placing him on trial are the exclusive responsibilities of the investigating agency and the law enforcement authorities.” It sought a compliance report after 2 weeks.Stating that inaction has the potential to prejudice the prosecution itself, the judge directed the investigating agency to submit a compliance report on or before the next date of hearing on July 24.After his deportation, Bishnoi was taken into custody in a 2022 case over an alleged nexus between criminal gangs in India and Babbar Khalsa International, a terrorist organisation, to raise funds, recruit youths and carry out terror strikes.In a seven-page order, the judge further said that the investigating agency has admittedly made no efforts whatsoever to secure the presence of the absconding accused. “Neither has any requisition been made seeking his custody…. Once these facts (Bishnoi’s presence in Tihar jail) are within the knowledge of the investigating agency, it becomes its legal obligation to take appropriate steps for procuring his custody in accordance with law,” the judge said.The prosecution submitted that physical custody was essential for effective interrogation and that proceeding without it would delay the trial for the already arrested accused. Rejecting the prosecution’s stand, the judge said, “We are living in an era of advanced digital technology. Video conferencing has become an integral part of the judicial process and is being regularly utilised by trial courts as well as correctional institutions throughout the country.”The order came on a plea filed by Siddiqui’s wife Shehzeen Siddique, who alleged that the prosecution was deliberately avoiding taking the principal accused into custody.Advocates Pradip Gharat and Trivankumar Karnani, appearing for Shehzeen, argued that the police must take immediate steps to arrest Bishnoi and put him on trial alongside the 27 other accused who have already been chargesheeted under the Maharashtra Control of Organised Crime Act. The plea alleged that police were avoiding taking his custody to prevent the names of the “actual” conspirators from coming out.The judge refuted the defence submissions and said, “The investigating agency cannot, merely on that ground, indefinitely postpone proceedings against the principal accused and thereby compromise the larger interests of justice.”
